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Malcolm v. Acrylic Tank Manufacturing of Nevada

United States District Court, D. Nevada

February 9, 2018

STEVEN MALCOLM, Plaintiff,
v.
ACRYLIC TANK MANUFACTURING OF NEVADA, et al., Defendants.

          ORDER

          PEGGY A. LEEN, UNITED STATES MAGISTRATE JUDGE.

         IT IS SO ORDERED that:

         1. The Federal District Court - District of Nevada respectfully requests the assistance of the Court of Session, Scotland in obtaining the trial evidence sought from witnesses residing in Scotland, as specified in Exhibit A and Exhibit B.

         2. The documents and evidence identified in Exhibit A and Exhibit B are necessary for the purposes of justice and for the due determination of the matters in dispute between the parties.

         3. It is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties that the Court of Session, Scotland cause the following witnesses, who are resident within your jurisdiction, to be examined for purposes of recording and preserving their testimony and order the production of documents for trial. The names and addresses of the witnesses are as follows:

a. David Matthews - Director of WMA
Station Master's Office, Dalmeny Station, South Queensferry EH30 9JP
b. Julian Hunter - Julian Hunter Architects
3 Abertay Gardens
Broughty Ferry
Dundee DD5 2RR
United Kingdom

         4. The Federal District Court - District of Nevada respectfully requests the Court of Session, Scotland to make orders for the recovery of the particular documents specified and for the oral examination of the said witnesses on the matters specified in Exhibits A and B according to your usual and proper processes.

         EXHIBIT A

         Request for Documents and Oral Evidence for Trial from Julian Hunter Architects

         EXHIBIT A - Julian Hunter Architects, 3 Abertay Gardens, Broughty Ferry, Dundee DD5 2RR, United Kingdom

         The Applicant requests the following documents in the hands of Julian Hunter Architects or anyone on its behalf for use as evidence at trial:

1. All documents (including electronic documents, project file documents, drawings, instructions, memoranda, notes, inspection reports, emails and correspondence) relating to the design, inspection, and construction of the home of Mr. Steven Malcolm located at 7, The Queens Crescent, Gleneagles (the “Home”) containing entries showing or tending to show the construction and/or design of the Aquarium installed within the Home and all connections of the Aquarium to any part of the Home.
2. All photographs of the Home showing or tending to show the stages of construction of the Aquarium installed within the Home during the course of its installation and construction and all ...

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